[HCRA] FCC Invites "Oppositions" on Two "Morse Proceeding" Reconsideration Petitions

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FCC Invites "Oppositions" on Two "Morse Proceeding" Reconsideration Petitions

NEWINGTON, CT, Apr 13, 2007 -- The FCC has invited opposition comments ("oppositions") to two petitions for reconsideration filed in the wake of the Commission's Report & Order (R&O) in WT Docket 05-235. That R&O altogether eliminated any Morse code examination element to obtain an Amateur Radio license. One petition calls on the FCC to reinstate the 5 WPM Morse code requirement for Amateur Extra class applicants. The second cites problems with the FCC Electronic Comment Filing System (ECFS) and seeks to have the Commission reopen the proceeding for an additional round of comments. Oppositions are due April 27 (comments in support of either petition are not welcome). Replies to oppositions -- ie, comments on the opposition comments -- are due 10 days later. Petitioner Anthony R. Gordon, KG6EQM, of West Covina, California, contends that "significant national security implications" require that the Commission take another look at the issue.

"As a federal government agency during the ongoing War on Terrorism, it is only prudent that the critical skill of Morse code telegraphy be kept as a hedge against unanticipated national security events and for emergency communication requirements, even if the consensus view or technological trend is in the opposite direction at the present time," Gordon said in his petition, filed February 23. He characterized Morse code proficiency as a "core competency" of the Amateur Radio Service.

In its R&O last December 15, the FCC cast aside arguments that Morse ability was advantageous in emergency communication situations. "The Commission previously addressed the essence of this argument and concluded that most emergency communication today is performed using voice, data, or video techniques," the FCC said. Gordon asked the FCC to restore the Element 1 Morse code examination element for Amateur Extra class applicants.

In a second petition the FCC put on public notice earlier this month, Russell D. Ward, W4NI, of Nashville, Tennessee, argued that the FCC "improperly deleted and suppressed comments received by the e-mail system of the FCC, ECFS." Ward said the FCC was "arbitrarily deleting and suppressing public comments" on the basis of the sender's e-mail address -- especially if it contained an Amateur Radio call sign -- and charged that the Commission "is discriminating against radio amateurs."

As a result, he contends, the process of commenting on the FCC Notice of Proposed Rule Making (NPRM) in WT Docket 05-235 "was flawed," in part because the Commission did not have the advantage of all comments members of the public may have attempted in vain to post.

Ward's petition, filed February 12, asks the FCC to do one of four things: Stay WT Docket 05-235, fix the "flawed ECFS," reopen the proceeding for comment or reconsider the "after a valid comment period."

"FCC must fix the broken ECFS, and must treat all comments properly," Ward maintained. The FCC received more than 3500 public comments in the Morse code proceeding.

Neither Gordon nor Ward addressed the issue of how the FCC should deal with licensees who qualified for Amateur Extra under the new "no-code" rules that became effective on February 23.

Interested parties may file oppositions and replies on either or both of these petitions for reconsideration via the Electronic Comment Filing System (ECFS) and by serving a hard copy of the opposition on the petitioner at his current mailing address. Comments supporting one petition or another are not welcome, however.

Individuals are welcome to file oppositions on any petition with which they have specific issues, but commenters must support their points with specific facts. All statements should be specific to one or more arguments in the reconsideration petition with which the person filing the opposition disagrees. They should not simply say, "I oppose this petition." Only individuals who have filed oppositions may file replies to oppositions.

Instructions for filing electronic comments are on the ECFS page. Under "ECFS Main Links," click on "Submit a Filing" and type "05-235" (without the quotation marks) in the "Proceeding" field, being sure to include the hyphen.